Tuesday, August 17, 2004

Doe v. Rumsfeld

A decorated combat veteran filed a lawsuit Tuesday asserting that the government cannot prevent reservists from leaving the military when their enlistment periods end.

The suit against Defense Secretary Donald H. Rumsfeld and other military officials names the plaintiff as John Doe. It says he served in the Marine Corps and Army for nine years on active duty and three years as a reservist.

"This lawsuit seeks to stop the forced retention of men and women who have fulfilled their service obligations," said attorney Michael Sorgen. "When their period of enlistment ends, they should be entitled to return to their families."

The Army has issued "stop-loss" orders preventing tens of thousands of soldiers designated to serve in Iraq and Afghanistan from leaving the military if their volunteer service commitment ends during their deployment . . . .

"The order violates Doe's right to due process and the terms of his enlistment contract, and is contrary to law," the lawsuit reads. "The involuntary extension of Doe's military enlistment constitutes a serious infringement on his liberty protected by the Constitution."